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Mental health problems can affect anyone regardless of age or any social factor. The most common forms of mental ill health are anxiety, depression, phobic anxiety disorders and obsessive compulsive disorders.

Some forms of mental ill health may be classed as a disability under the Equality Act 2010 if they have 'a substantial and long term adverse effect on a person's ability to carry out normal day-to-day activities.'  The Equality Act makes it unlawful for an employer to treat a disabled person less favourably for a reason relating to their disability, without a justifiable reason.

If you suffer from a mental health issues, your employer must firstly understand what the problem is and what they should do to help you manage it. They could involve an occupational health provider or Access to Work via Jobcentre Plus. This may result in them making changes to the working environment or making reasonable adjustments to help you better cope with your workload after consulting with you.

Changes they could make might include:

  • Ensuring your workload matches your abilities and experience, and involving you in planning your workload  
  • Agreeing reasonable deadlines with you for work completion
  • Reducing any repetitive duties within your workload
  • Providing a suitable working environment that considers noise, lighting, and equipment
  • Ensuring roles are clearly defined
  • Providing impartial and supportive supervision structures and policies.

Making a claim

If your employer does not consult with you, carry out the necessary checks and investigations and make any reasonable adjustments required, your work may suffer. In some circumstances you may find that you are dismissed on the basis that you are unable to carry out the role. If this is the case then you may be entitled to claim against your employer for disability discrimination.

There is no minimum length of employment required to bring a claim at the Employment Tribunal, but it is important to lodge your claim within 3 months of the act of discrimination occurring. It is therefore essential that you take legal advice on your situation at an early stage and as soon as possible.

If you think you have been subject to discrimination on the basis of mental ill health, please phone Ashley Hunt, Vaishali Thakerar, or Carrie-Ann Randall on 0116 212 1000 or complete the form on the right. Lawson-West offer free initial consultations so it won't cost you a penny to find out if you have a claim. We also run a number of free drop-in advice clinics at our offices in Leicester, Wigston & Market Harborough.

Lawson-West will make sure that your disability discrimination claim is funded on the most appropriate basis and that will often be on a No Win No Fee basis. This means that Lawson-West have a vested interest in ensuring your employment claim is successful.